Exam 39: Protection of Intellectual Property

Incellmed Corporation is in the business of developing genetically engineered pharmaceutical products.It uses a number of highly technical secret processes in its business.Martin worked for the company for five years and then left after an argument with one of the vice presidents of the company.He then went to work for one of Incellmed's competitors,which has begun to market similar products that seem to have been produced using the secret processes developed and used by Incellmed.What,if any,recourse does Incellmed have under the circumstances?

The U.S.Patent and Trademark Office issues a patent upon an application containing:

An author may terminate transfer of copyright ownership,other than that of a work for hire,during the five-year period beginning 35 years after the transfer was granted.

A copyright would protect a photograph.

The international treaty to which the United States is a party and which protects copyrighted works is known as the:

A person who intentionally and knowingly uses a counterfeit mark may receive:

Intentional trafficking in goods known to bear a counterfeit mark can be a criminal offense.

Infringement is the unauthorized use of the intellectual property of another.

Intellectual property consists of which of the following?

Telive,Inc.uses a trademark that is substantially the same as a registered mark of Kantive Co.As a result,Kantive sees a substantial reduction in their sales.Kantive may recover damages from Telive without proving Telive intended to cause confusion by the use of that mark.

Which of the following remedies is NOT available for patent infringement?

In order to be the subject of a suit for copyright infringement,the copyright:

For a mark to be protected under federal law,it must be registered with the Patent and Trademark Office.

Goods bearing a counterfeit mark may be destroyed without compensation to the owner of the goods.

Curt has no connection with Harvard University,but he has a new line of computer software that he would like to market to university students and faculty under the name of "Harvard Software." In this case:

Edwina wrote an original novel entitled "Good Thunder on the Prairie" and registered a copyright on her work.A vice-president/producer at a film studio read the book and thought it would make an excellent made-for-television movie,so without consulting Edwina,he developed a script based upon the novel and produced it as "Thunder Storm on the Prairie." What,if any,recourse does Edwina have under the circumstances?

The Lanham Act has been amended by the:

One way of keeping a trade secret is to obtain a patent on it.

The United States joined the Berne Convention,an international treaty protecting copyrighted works.

Regarding trademark protection: